Share flat & bills 50 50 with landlord who is now in a hospice and handed power of attorney to someone who wants me out!

[jc1234]

I am posting for a friend who needs help please. The facts are that he and the landlord moved into the flat from the time of purchase, him paying rent and sharing ALL bills 50/50, even down to washing up bowls and a new toilet seat, everything is documented.

 

Sadly, my friend's landlord is now seriously ill and in a hospice, having handed power of attorney to a man who is throwing his weight about. This man has been entering the property with no notice when he knows it to be empty, so my friend (on my advice) has changed the locks.

 

My friend has now had a text from Mr X stating that he must have keys and access at all times and he will change the locks if he is not given keys. All facilities are shared, only bedrooms were separate.

 

I don't think that this is right, but only having very limited legal knowledge, I should really appreciate any advice that can be given. My friend has been worried out of his mind about all this.

 

I should also mention that this flatshare has been ongoing for over 14 years and there has never been a written contract.

 

Please help!

[45002]

Question's i would ask 1st

 

Who is this man and has this man showed your friend written proof he has got power of attorney ?

[jc1234]

Thank you 45002, I don't know if he has written power of attorney, but I do know that my friend is 100% sure it is correct, he has been paying the rent to this man who has been signing for it.

[45002]

Thank you 45002, I don't know if he has written power of attorney, but I do know that my friend is 100% sure it is correct, he has been paying the rent to this man who has been signing for it.

 

I would ask for written proof of power of attorney and insist on it,your friends landlord could have said i want my tenant to stay in the flat,but this man may twist the truth for his own personal gain.

 

From what in understand just because someone has power of attorney,it doesn't mean they can start throwing the weight around.

 

Who is this man away ?

 

Hope you can understand me

 

i would in the mean time tell your friend to give Shelter England - Contact us

 

Are the best people for advice

 

it's a free phone number from landlines

Edited June 22, 2010 by 45002

[jc1234]

Thank you 45002, my friend will greatly appreciate this advice and I am looking at that link you gave now.

 

I should also mention that there is no gas safety certificate on the property and never has been........

[45002]

Thank you 45002, my friend will greatly appreciate this advice and I am looking at that link you gave now.

 

I should also mention that there is no gas safety certificate on the property and never has been........

 

gas appliances need to be checked ASAP

 

that why your friend need to finds out who this man is ? ASAP

 

As i said,your friends LL may have said he can stay in the flat as a tenant,but this man sounds like he has his own plans ?

[jc1234]

Thank you again 45002

[jc1234]

Further developments.

 

My friend's landlord sadly passed away on Sunday 27th June 2010 and the person who said he had power of attorney broke down the front door in the afternoon of Tuesday 29th June when he knew the flat would be unocupied, smashing the new lock my friend had put in and put the old Yale lock back on. The property has been secured - but in a fashion, you can clearly see it has been broken into

 

He has been to the police who were not interested and didn't even take any details. CAB had a solicitor who said the was not legal but what could you do.

 

Please someone, what can my friend do? He is obviously worried at being advised this is criminal behaviour and yet the police will do nothing.

[45002]

Further developments.

 

My friend's landlord sadly passed away on Sunday 27th June 2010 and the person who said he had power of attorney broke down the front door in the afternoon of Tuesday 29th June when he knew the flat would be unocupied, smashing the new lock my friend had put in and put the old Yale lock back on. The property has been secured - but in a fashion, you can clearly see it has been broken into

 

He has been to the police who were not interested and didn't even take any details. CAB had a solicitor who said the was not legal but what could you do.

 

Please someone, what can my friend do? He is obviously worried at being advised this is criminal behaviour and yet the police will do nothing.

 

1st you should insist on making a statement to the police,

the police cannot refuse to take a statement,that should get the ball rolling !

 

If this idiot break's the door down /forces his way in again

 

Dial 999/Police don't mess around

 

Ring your local Council ASAP and ask for the private tenancy officer,who look after private tenants rights.

 

Hope this is of help to you Good luck

[JonCris]

Who is this person what are his links to the deceased It sound to me that he's the sort of person who may have used undue influence to get the owner to sign a PA assuming there is one of course...... has your friend seen a copy also who witnessed it & will he be able to recognise the handwriting

[jc1234]

Thank you both for your responses. No written power of attorney has been produced, I personally don't think there is anything he will be able to produce, although it is now academic as it would have died with the landlord.

 

I have told my friend to go back to the police and insist on them questioning this man and giving him a crime number. He wants this man charged, but it is obviously too much trouble for the police to do so. I cannot believe how someone can blatantly break the law and get away with it.

[Planner]

Awful situation, but I think your friend needs to know what cards they actually hold in this situation rather than the cards they think they hold.

 

From what you have written, your friend would appear to be simply a lodger rather than a tenant. That being the case, your friend has limited rights. On the basis that your friend is a lodger:

 

- Its not your friends house in the same way that it would be their house if they where a tenant;

 

- Your friend had no right whatsoever to change the locks on someone else’s home. As stated they are not a tenant but a paying guest (lodger) of the now deceased landlord. I would go as far to suggest that your friends actions in doing this maybe illegal in someway, but I cant place my finger on what that way might be;

 

- What relationship is this Mr X to the deceased? Relative friend? Is the flat now his?

 

- What does Mr X ultimately want? – for your friend to move out? – if that is the case I would suggest they need to start looking for alternative accommodation ASAP as they are likely to return home one day and find all their belongs (legally) on the front lawn and the locks changed.

 

Have a look at the lodger part of the Shelter website rather than the tenant part http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/lodgers

 

There maybe an argument to make that your friend has now become a tenant as they no longer live with the LL in the property. That’s potentially a legal minefield and I wont comment further on it.

Edited July 1, 2010 by Planner

[Steve__M]

While Mr X may have had the Power of Attorney, I would suggest that the power now lies in the hands of the executor of the estate. The Power of Attorney would cease on the LLs death.

 

Mr X may of course also be the executor as well.

[jc1234]

Thank you both Planner and Steve M, I shall pass that along. I believe that Mr X is a friend/aquaintance of the LL from the British Legion.

[sillygirl1]

From some time ago (October 08 I think...) the PA rules changed and that you could get somebody appointed as Lasting Power of Attourney which lasts beyond death, I did this with one of my sisters in case I ended up in a vegatative state.... there should be something legally binding in place for this person to act the way they have done (which is totally over the top).

 

Keep reporting the problem to the police and get a crime number each time.

 

Remind your friend to photograph the state of each room in the house just in case the other party turn nasty and start accusing him of all sorts...

[johnhowell]

Sillygirl1,

 

In Oct 2007 Enduring Power of Attorney was replaced with Lasting Power of Attorney. The big difference was to separate the wishes on finances and health care, also it has to be registered now rather than when the donor becomes mentally incapable. I am unaware that a LPoA would exist beyond death of the donor - only a Will does this.

 

Regards, John

[jc1234]

Thank you sillygirl1, photographs are an excellent idea, I do not trust this Mr X one little bit!

[45002]

Thank you sillygirl1, photographs are an excellent idea, I do not trust this Mr X one little bit!

 

Yes Mr X does sound like a naste person,that is why your Friend needs to find out who the hell MR X is ? and what the deceased landlord wishes where,had he left a will ?

[jc1234]

This is the problem. Mr X has come along claiming to be the LL's legal representative although has provided no proof. It is assumed the LL made a will if he allegedly gave Mr X PofA but as to what might be in it, no idea. I think it is probably a waiting game now to ascertain further information.

 

Thank you once again 45002 for your help.

[Steve__M]

If the tenant was just a tenant, it's probably worth planning to move as even if Mr X is not the executor, the real executor may seek to end the tenancy.

 

If there is more to the tenant-LL relationship, then probably some research into wills and probate might be in order to spot anything untoward.

 

Once the executor of the will is granted probate, the will should be a public document.

 

I don't know what the executor's powers are prior to this. My partner's brother has been renting a flat of a dead person for 10 years as the sons have never applied for probate!

[jc1234]

Thanks Steve M, I shall pass that along!

[JonCris]

A PoA ceases to have any effect after death

[JonCris]

Also has the OP thought of applying for probate themselves

[jc1234]

I didn't know you could do that JonCris. Would you mind explaining to me a little what should be done there. Thank you.

[JonCris]

I didn't know you could do that JonCris. Would you mind explaining to me a little what should be done there. Thank you.

 

I'm sorry no its a little complicated & get it wrong you could be screwed Speak with a Private Client Lawyer many of who will give you some free advice